CC Resolution 12340RESOLUTION NO. 12340
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE ISSUANCE OF A LIVE ENTERTAINMENT PERMIT TO CFEP
PRUNEYARD LLC DBA DOUBLETREE BY HILTON CAMPBELL -PRUNEYARD ON
PROPERTY LOCATED AT 1995 SOUTH BASCOM AVENUE.
WHEREAS, after due consideration of all the evidence presented, the City Council does find as
follows:
1. The proposed Live Entertainment Permit would allow ancillary live entertainment in
association with an existing hotel and restaurant;
2. The existing hotel and restaurant, Doubletree by Hilton Campbell -Pruneyard, is Located
at 1995 South Bascom Avenue;
3. The subject property is located within the C-2-O (General Commercial /Overlay)
Combining Zoning District. Consistent with the zoning district designation, the City
Council granted a Master Use Permit establishing a tailored land use program for The
Pruneyard, as approved by City Council Resolution No. 12068. The Master Use Permit
provides land use approval for live entertainment in association with the subject hotel
and restaurant;
4. As required by the Conditional Use Permit, the live entertainment shall be limited to live
acoustic music and an occasional D.J. playing amplified music o.n the uncovered patio;
5. The applicant is over eighteen years of age;
6. The required application fee has been paid;
7. As of the present date, there is no substantial evidence that the applicant, his or her
employee, agent, partner, director, officer, shareholder or manager has knowingly made
any false, misleading or fraudulent statement of material fact in the application;
8. As of the present date, there is no substantial evidence that the proposed use as
conditioned would constitute a violation of the provision of the Municipal Code, or other
applicable law;
9. As of the present date, there is no substantial evidence that the applicant has been
convicted of a felony or crime of moral turpitude;
10. As of the present date, there is no substantial evidence that the proposed operation as
conditioned would result in a public nuisance as defined in the Municipal Code, or
Section 370 of the California Penal Code; and
WHEREAS, based on the foregoing findings, the City Council further finds and concludes that,
subject to the Conditions of Approval, there is no evidence that the activity applied for or the
location thereof will create a~public nuisance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does
hereby approve a Live Entertainment Permit to Dale Johnson on behalf of CFEP Pruneyard LLC
dba Doubletree by Hilton Campbell -Pruneyard, subject to the following conditions:
1. Live entertainment shall be limited to Wednesday between the hours of 6:00 pm and 8:00
pm and Thursday through Saturday between the hours of 5:00 pm and 10:00 pm.
Thursday through Saturday entertainment would be for special events and not every week
or every day requested.
2. All Bartenders, door and security staff obtain ABC LEADS training with-in 30 -days of
hire.
3. At no time shall the restaurant outdoor patio allow any form of dancing, and no tables
and/or chairs shall be moved to create an open space which could be used as a dance
floor. Dancing is allowed in the hotel banquet facilities.
4. At no time shall a cover charge be received or a donation necessary in order to
patronize the establishment.
5. Noise levels shall not be audible more than 50 feet from the business' tenant space. In
no case may noise from the live entertainment disrupt neighboring residences or
businesses.
6. The Police Chief may require on-site security to be provided at a later date if calls for
service become excessive compared to like businesses.
7. The applicant is aware that if the live entertainment creates a continued public nuisance
or there are significant calls for service, the Police Department would have the authority
to prohibit live entertainment from continuing and suspend this permit, pending a
modification/revocation hearing before the City Council.
8. For the background check, the current General Manager will be fingerprinted. If the
General Manager position changes personnel, the new General Manager will need to be
fingerprinted.
PASSED AND ADOPTED this 17th day of July, 2018 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: ~ COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Gibbons, Landry, Cristina, Waterman, Resnikoff
None
APPROVED:
~~
~ ~~~~~_
Paul Resnikoff, Mayor
ATTEST:
1
Wendy W ,City Clerk